CETA was the first agreement that included a detailed chapter on investment promotion and protection, including an investor-state dispute resolution mechanism, since the EU assumed exclusive competence in matters of FDI under the Lisbon Treaty. Against this background, CETA’s Investment Chapter underwent a significant transformation. From the absence of investment protection to the integration of the ‘Dutch gold standard’, CETA’s Investment Chapter ultimately emerged as the guinea pig of the new EU’s investment policies. It is the first EU investment agreement that explicitly aims to safeguard the right to regulate, limits the scope of substantive provisions and creates a fundamentally new approach towards dispute resolution through an Investment Court System (ICS). Ultimately, it can be concluded that CETA’s Investment Chapter is a fundamental change compared to EU Member States BITs and within the land of investment treaties, it can CETA certainly be seen as ground-breaking and a primus inter pares.
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